---
title: "Work Product Doctrine"
type: Legal Term
source: https://casebriefly.com/legal-terms/work-product-doctrine
---

# Work Product Doctrine

The work product doctrine, established in Hickman v. Taylor and codified in Federal Rule of Civil Procedure 26(b)(3), protects materials prepared by or for a party in anticipation of litigation from discovery. Ordinary work product (factual material) may be discovered upon a showing of substantial need and inability to obtain the equivalent without undue hardship. Opinion work product (an attorney's mental impressions, conclusions, and legal theories) receives near-absolute protection. The doctrine promotes thorough trial preparation by protecting an attorney's analytical process.

## Related Terms

- attorney-client-privilege
- discovery
- privilege

## Related Cases

- zubulake-v-ubs-warburg

## Example

A lawyer's memorandum analyzing the strengths and weaknesses of the case is opinion work product and is virtually immune from discovery.

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Source: [Work Product Doctrine — CaseBriefly](https://casebriefly.com/legal-terms/work-product-doctrine)